What is the reasonable notice period for an employee in a sales position?
Ontario, Canada
The following excerpt is from Clarke-McLean v Incredible World Trading Corp., 2015 ONSC 6737 (CanLII):
The Deputy Judge concluded that a notice period of five months was reasonable “based in part on the notice award for the very analogous sales position dealt with in the Clara Isopo v. Kobe Fabrics Ltd. case cited by the plaintiff”. However, the factual circumstances in Isopo v. Kobe Fabrics Ltd., [1994] O.J. No. 1509 were very different from the present case. The employee in Isopo had been hired to develop a sales territory in downtown Toronto and had been successful in doing so. As a reflection of her role, she was remunerated by base salary and a commission, which in her case approximated her base salary.
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